8. Directive Principles of State Policy

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indian polity study materials 08
  • Part IV of the Indian constitution consists of Directive Principles of State Policy (Articles 36 to 51). They are fundamental in the governance of the country.
  • Directive Principles of State Policy act as a guide to the State and it is the duty of the State to apply these Principles in making laws.
  • They aim at the establishment of a welfare state in our country.

Principles: 

Directive Principles of State Policy may be grouped into following categories:

  1. Socialist Principles
  2. Gandhian Principles
  3. International Principles
  4. Miscellaneous Principles
  5.   Socialist Principles
  6. Adequate means of livelihood for citizens, men and women equally
  7. Equal pay for equal
  8. Gandhian Ideologies:
  9. Organisation of village panchayats to enable them to functions as units of self- government.
  10. Promote cottage industries on an individual or co-operative basis in rural
  11. Promotion of educational and economic interest of Scheduled Castes, Scheduled Tribes and other weaker
  12. Raise the level of nutrition and the standard of living and to improve public
  13. Organisation of agriculture and animal husbandry
  14. Preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught

III.  International Principles:

  1. Promote international peace and security
  2. Maintain just and honourable relations between nations

Miscellaneous Principles:

  1. Equal justice and free legal aid
  2. Uniform civil code for the citizens.

Directive Principles Subsequently Added 42nd Amendment Act, 1976

  • Equal opportunity for justice and free legal aid. To protect the environment, forests and wildlife.
  • Right of workers to participate in management of industries.
  • To protect children against exploitation and to provide opportunities for their healthy development in conditionss of freedom and dignity.

44th Amendment Act, 1978

  • State shall minimize inequality in income, status, facilities and opportunities among individuals and groups [Art 38 (2)]

86th Amendment Act, 2002

  •  “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years” 9Art 45)

DISTINCTION BETWEEN FUNDAMENTAL RIGTHTS AND DIRECTIVE PRINCIPLES:

FUNDAMENTAL RIGHTS

DIRECTIVE PRINCIPLES

© These are negative as    they prohibit the State from doing certain things. © These are positive as they require the State to do certain things.

 

© These are justiciable, that is, they are legally enforceable by the courts in case of their violation © These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
© They aim at establishing political democracy in the country. © They aim at establishing social and economic democracy in the country.
© These have legal sanctions © These have moral and political sanctions
© They promote the welfare of the individual. Hence, they are personal and individualistic © They promote the welfare of the community. Hence they are societarian and socialistic.
© They do not require any legislation for their implementation. They are automatically enforced. © They require legislation for their implementation. They are not automatically enforced.
© The Courts are bound to declare a law violate of any of the Fundamental Rights as unconstitutional and invalid. © The Courts cannot declare a law violate of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

 

DIRECTIVES CONTAINED IN OTHER PARTS OF THE CONSTITUTION:

Art 350 A enjoins every State and every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups.

Art 351 enjoins the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.

 Art 335 enjoins that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Fundamental Duties:

 According to Article 51, it shall be the duty of every citizen of India.

  1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
  2. To cherish and follow the noble ideals that inspired the national struggle for
  3. To uphold and protect the sovereignty, unity and integrity of
  4. To defend the country and render national service when called upon to do
  5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of
  6. To value and preserve the rich heritage of the country’s composite
  7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
  8. To develop scientific temper, humanism and the spirit of inquiry and
  9. To safeguard public property and to abjure
  10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement; and

To provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002

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